ASSOCIATED PRESS Saturday, December 24, 2005 Court Rejects New Hearing For Inmate By Lisa Cornwell The Associated Press A federal appeals court has denied a death row inmate's motion for a new hearing on evidence that his attorneys say was fraudulently withheld at trial. John Spirko, 59, has been sentenced to die by injection for the 1982 killing of Betty Jane Mottinger, 48, the postmistress in Elgin in northwest Ohio. On Sept. 6, U.S. District Judge James Carr denied Spirko's request for a new evidentiary hearing, saying there was no reason to believe investigators fraudulently hid evidence from Spirko's attorneys. A three-judge panel of the 6th U.S. Circuit Court of Appeals unanimously denied Spirko's motion Thursday, saying that the district court "thoroughly and persuasively demonstrated that there was no fraud" on the federal court. Attorney Thomas Hill at Spirko's clemency hearing in October. Spirko attorney Thomas Hill had argued that fraud was committed on the court at trial when the state continued to stand behind a theory that Spirko committed the crime with his friend, Delaney Gibson. The state knew that investigator Paul Hartman had decided before Spirko's trial that Gibson was innocent and also knew prosecutors planned to dismiss the case against him, Hill said. Gibson was convicted of an unrelated murder and served time in prison in Kentucky from 1983 to 2001. Prosecutors dropped the indictment against him in Mottinger's death. "We are obviously disappointed, and we are evaluating our legal options," Hill said Friday, adding that he was hopeful that DNA tests would prove his client's innocence. Attorney General Jim Petro was pleased the appeals court denied a new hearing. "The court's actions also reinforce an important message that Mr. Spirko's case has undergone several thorough and even-handed reviews by respected legal authorities who have come to the same conclusion," Petro said Friday. Spirko was to die Nov. 15, but Gov. Bob Taft granted a 60-day reprieve to allow DNA testing on items found on or near Mottinger's body. No physical evidence tied Spirko to the murder. Prosecutors have argued that Spirko convicted himself by telling investigators details of the slaying. Spirko's attorneys have said he got some of the details from the media and some were supplied or suggested to him by investigators. Email: Tracy Spirko, John Spirko's Representative